LAWS OF MALAYSIAextwprlegs1.fao.org/docs/pdf/mal1869.pdf · ART V FOREIGN FISHING VESSELS 15. Fishing, etc., by foreign fishing vessel in Malaysian fisheries waters 16. Passage of

LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

TEXT OF REPRINT

Act 317

FISHERIES ACT 1985

As at 1 November 2012

2

FISHERIES ACT 1985

Date of Royal Assent … … … … 22 May 1985

Date of publication in the Gazette … … 30 May 1985

Latest amendment made

by Act A1413 which

came into operation on … … … 1 July 2012

PREVIOUS REPRINTS

First Reprint … … … 2001

Second Reprint … … … 2006

3

LAWS OF MALAYSIA

Act 317

FISHERIES ACT 1985

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title, application and commencement

2. Interpretation

PART II

ADMINISTRATION

3. Responsibility of Minister

4. Fisheries officers and deputy fisheries officers

5. Inland fisheries officers and deputy inland fisheries officers

PART III

FISHERIES PLANS

6. Preparation of fisheries plans

4 Laws of Malaysia ACT 317

PART IV

GENERAL LICENSING PROVISIONS Section

7. Application of this Part

8. Offence for fishing without licence or in contravention of condition or

direction

9. Application for licence or permit in respect of new fishing vessel

10. Conditions in licence and directions

11. Licence in respect of local fishing vessel, fishing stakes, fishing

appliance, fish-aggregation device or marine culture system

12. Non-commencement of fishing operations

13. Refusal to license or suspension or cancellation of licence

14. Period of validity of licence and non-transferability

14A. Presumption in respect of person found on board any local fishing vessel

PART V

FOREIGN FISHING VESSELS

15. Fishing, etc., by foreign fishing vessel in Malaysian fisheries waters

16. Passage of foreign fishing vessel through Malaysian fisheries waters

17. Undertaking to be included in international fishery agreement

18. Director General to take account of certain matters in considering

application for permit

19. Permit in respect of foreign fishing vessel

20. Bringing into or having in Malaysian fisheries waters fish taken or received

from foreign fishing vessel

21. Cancellation or suspension of permit

22. Variation of conditions in permit

23. Director General’s decision not reviewable

24. Liability of persons in respect of foreign fishing vessel

7.

8.

9.

14A.

Fisheries 5

PART VI

OFFENCES Section

25. Offences under Act

26. Fishing with explosives, poisons, etc.

27. Aquatic mammals or turtles in Malaysian fisheries waters

28. Wilful damage to fishing vessel, etc.

29. Destroying incriminating evidence

30. Master and employer liable

31. Compounding of offences

32. Sessions Court and Court of Magistrate of First Class to have full

jurisdiction and powers under Act

33. Power of court to order cancellation of licence or permit

34. Court may order forfeiture of seized vessel, etc., in certain circumstances

35. Presumption as to maps, plans or charts made by authority of Governments

36. Minister may appoint other persons to be authorized officers

PART VII

TURTLES AND INLAND FISHERIES

37. Promotion of development and management of inland fisheries

38. Power of State Authority and Minister to make rules concerning turtles and

inland fisheries

PART VIII

AQUACULTURE

39. Development of aquaculture

40. Control of live fish

PART IX

MARINE PARKS AND MARINE RESERVES

41. Establishment of marine park or marine reserve


Section

41A. Establishment of the National Advisory Council for Marine Park and

Marine Reserve and membership

41B. Functions of the National Advisory Council for Marine Park and Marine

Reserve

42. Powers and responsibility of Director General

43. Offence to do certain acts without written permission of Director General

44. Absolute prohibition of certain weapons

45. Power to make regulations

PART X

ENFORCEMENT

46. Powers of authorized officer

47. Powers of entry, seizure and arrest, etc.

47A. Fisheries officer’s power of investigation

47B. Fisheries officer’s power to require attendance of witnesses

47C. Examination of witnesses by fisheries officer

47D. Procedure where investigation cannot be completed within twenty-four

hours by a fisheries officer

48. Sale of fish or other article of a perishable nature

49. Seizure and forfeiture of vessel, etc.

50. Temporary return of vessel, etc., seized

51. Costs of holding vessel, etc., in custody

52. Forfeiture and disposal of vessel, etc.

53. Obstruction of authorized officer

54. Authorized officer to declare office

55. Bar to actions

56. Presumption

PART XI

GENERAL PROVISIONS

57. Service of documents

41A.

41B.

47A.

47B.

47C.

47D.

Fisheries 7

Section

58. Exemption for certain purposes

59. Registers of licences and permits

60. Exemptions

61. Power of Minister to make regulations

62. Repeal

9

LAWS OF MALAYSIA

Act 317

FISHERIES ACT 1985

An Act relating to fisheries, including the conservation, management

and development of maritime and estuarine fishing and fisheries, in

Malaysian fisheries waters, to turtles and riverine fishing in Malaysia

and to matters connected therewith or incidental thereto.

[Except for Part IX in its application

to the State of Sabah—1 January 1986,

P.U. (B) 627/1985]

WHEREAS it is expedient to consolidate and amend the written law

relating to fisheries, including the conservation, management and

development of maritime and estuarine fishing and fisheries, in

Malaysian fisheries waters and to turtles and riverine fishing in

Malaysia;

AND WHEREAS by Clause (1) of Article 74 of the Federal

Constitution Parliament may make laws with respect to any of the

matters enumerated in the Federal List or the Concurrent List, and

whereas fisheries, including maritime and estuarine fishing and

fisheries (excluding turtles), is a matter enumerated in the Federal

List under item 9 of List I of the Ninth Schedule to the Federal

Constitution and maritime and estuarine fishing and fisheries are also

matters enumerated in the Concurrent List under item 12 of List IIIA

of the said Ninth Schedule in respect of the States of Sabah and

Sarawak;

AND WHEREAS by Clause (1)(b) of Article 76 of the Federal

Constitution Parliament may make laws with respect to any matter

enumerated in the State List for the purpose of promoting uniformity

of the laws of two or more States, and whereas turtles and riverine


fishing are matters enumerated in the State List under item 12 of List

II of the Ninth Schedule of the Federal Constitution:

NOW, THEREFORE, pursuant to the relevant provisions of the

Federal Constitution BE IT ENACTED by the Seri Paduka Baginda

Yang di-Pertuan Agong with the advice and consent of the Dewan

Negara and Dewan Rakyat in Parliament assembled, and by the

authority of the same, as follows:

PART I

PRELIMINARY

Short title, application and commencement

1. (1) This Act may be cited as the Fisheries Act 1985 and shall

apply in Malaysian fisheries waters and, subject to subsection (2), in

riverine waters within the jurisdiction of each of the States in

Malaysia and of the Federation in respect of the Federal Territories of

Kuala Lumpur and Labuan.

(2) This Act shall come into operation on such date as the

Minister may appoint by notification in the Gazette and the Minister

may appoint different dates for the coming into operation of different

provisions of this Act in different areas:

Provided that the provisions of this Act insofar as they relate to

turtles and riverine fishing in any State in Malaysia shall not come

into operation in that State until they have been adopted by a law

made by the Legislature of that State.

Interpretation

2. In this Act, unless the context otherwise requires―

―aquaculture‖ means the propagation of fish seed or the raising of

fish through husbandry during the whole or part of its life cycle;

Fisheries 11

―authorized officer‖ means the Director General, a Deputy Director

General of Fisheries, a fisheries officer, a port officer as defined in

section 2 of the Merchant Shipping Ordinance 1952 [Ord. 70 of 1952],

the commanding officer of any Government naval vessel or

Government aircraft, the commanding officer of any Government

marine police vessel or any other person or class of persons appointed

to be an authorized officer or authorized officers under section 36;

―culture system‖ means any establishment, structure or facility

employed in aquaculture and includes on-bottom culture, cage

culture, hanging-net culture, pen culture, pond culture, pole or stick

culture, raceway culture, raft culture, rope culture and hatchery;

―Director General‖ means the Director General of Fisheries

appointed under this Act;

―estuarine waters‖ means the waters of a river extending from the

mouth of the river—

(a) up to the point upstream penetrated by sea water at neap

tides; and

(b) in the case of the State of Sarawak, up to the limits set by

the Minister, with the concurrence of the State Authority,

in regulations made under this Act;

―exclusive economic zone‖ means the exclusive economic zone of

Malaysia as determined in accordance with the Exclusive Economic

Zone Act 1984 [Act 311];

―fish‖ means any aquatic animal or plant life, sedentary or not, and

includes all species of finfish, crustacea, mollusca, aquatic mammals,

or their eggs or spawn, fry, fingerling, spat or young, but does not

include any species of otters, turtles or their eggs;

―fish-aggregation device‖ means any structure or device of a

permanent or semi-permanent nature made from any material and

used to lure or aggregate fish for the purposes of fishing;


―fish seed‖ means fish egg or larva or post-larva of fish or the

spawn, fry or fingerling of fish;

―fisheries officer‖ means a fisheries officer or deputy fisheries

officer appointed under section 4;

―fisheries plan‖ means any of the plans related to fisheries prepared

by the Director General under Part III;

―fishery‖ means any one or more stocks of fish which can be

treated as a unit for the purposes of their conservation, management

and development and includes fishing for any such stocks, and

aquaculture;

―fishing‖ means—

(a) the catching, taking or killing of fish by any method;

(b) the attempted catching, taking or killing of fish;

(c) engaging in any activity which can reasonably be

expected to result in the catching, taking or killing of

fish; or

(d) any operation in support of, or in preparation for, any

activity described in paragraph (a), (b) or (c) of this

definition;

―fishing appliance‖ includes a fishing net, a fishing trap, and any

gear, with or without floats, buoys or sinkers, designed for capturing

fish but does not include—

(a) any such gear of the hook-and-line type having not more

than two hooks; and

(b) a cast net of the type known as ―jala‖;

―fishing stakes‖ means any device used for fishing which is made

up of poles or other supports fixed into the ground and enclosed by

Fisheries 13

ramie, rattan, wire or other screening material and so designed as to

lead fish into such device;

―fishing vessel‖ means any boat, craft, ship or other vessel which is

used for, equipped to be used for, or of a type used for—

(a) fishing;

(aa) aquaculture; or

(b) aiding or assisting any other boat, craft, ship or other

vessel in the performance of any activity related to

fishing, including any of the activities of preparation,

processing, refrigeration, storage, supply or transportation

of fish;

―foreign fishing vessel‖ means any fishing vessel other than a local

fishing vessel;

―inland fisheries‖ means fisheries in riverine waters;

―inland fisheries officer‖ means an inland fisheries officer or a

deputy inland fisheries officer appointed under section 5;

―internal waters of Malaysia‖ means any areas of the sea that are on

the landward side of the baselines from which the breadth of the

territorial sea of Malaysia is measured;

―international fishery agreement‖ means any bilateral or

multilateral treaty or agreement, which relates to fishing or fisheries,

between the Government of Malaysia and the government of any

other country or between the Government of Malaysia and any

competent international organization;

―local fishing vessel‖ means any fishing vessel—

(a) which is not registered outside Malaysia and which is

wholly owned by—


(i) a natural person who is a citizen or natural persons

who are citizens of Malaysia;

(ii) a statutory corporation established under any of

the laws of Malaysia;

(iii)the Government of Malaysia or the Government of

a State in Malaysia; or

(iv) a body corporate or unincorporate established in

Malaysia, and wholly owned by any of the persons

described in subparagraph (i), (ii) or (iii) or this

definition; or

(b) which is chartered, subchartered, leased or subleased by

any person, statutory corporation, Government or body

corporate described under subparagraph (a)(i), (a)(ii),

(a)(iii) or (a)(iv) of this definition;

―Malaysian fisheries waters‖ means maritime waters under the

jurisdiction of Malaysia over which exclusive fishing rights or

fisheries management rights are claimed by law and includes the

internal waters of Malaysia, the territorial sea of Malaysia and the

maritime waters comprised in the exclusive economic zone of

Malaysia;

―marine park‖ or ―marine reserve‖ means any area or part of an

area in Malaysian fisheries waters established as a marine park or

marine reserve under Part IX for the purposes specified in that Part;

―maritime waters‖ means areas of the sea adjacent to Malaysia,

both within and outside Malaysian fisheries waters and includes

estuarine waters, and any reference to marine culture system, fishing

or fisheries shall be construed as referring to the conduct of any of

these activities in maritime waters;

―master‖, in relation to a fishing vessel, includes every person

(except a pilot or port officer as defined in section 2 of the Merchant

Shipping Ordinance 1952) having for the time being command or

charge of the vessel, or lawfully acting as the master thereof;

(i)

(ii)

(iii)

(iv)

Fisheries 15

―Minister‖ means the Minister of the Federal Government who is

for the time being charged with the responsibility for fisheries;

―owner‖, in relation to a fishing vessel, means any person or body

of persons, whether corporate or unincorporate, by whom the vessel

is owned and includes any charterer, sub-charterer, lessee or sub-

lessee of the vessel;

―person‖ includes any individual (whether or not a citizen of

Malaysia), any body corporate, partnership, association, or other

entity, established within or out-side Malaysia, the Federal or any

State Government, a local authority or foreign government, or any

entity belonging thereto;

―pollutant‖ means any substance which, if introduced into the

maritime or any riverine waters, is liable to create hazards to human

health or to harm aquatic living resources, or to damage amenities or

interfere with other legitimate use of the maritime or riverine waters

and, without limiting the generality of the foregoing, includes any

substance that is prescribed by the Minister by order in the Gazette to

be a pollutant for the purposes of this Act;

―processing‖, in relation to fish, includes cleaning, filleting, icing,

freezing, canning, salting, smoking, cooking, pickling, drying or

otherwise preserving or preparing fish by any method;

―riverine fishing‖ means fishing in riverine waters;

―riverine waters‖ means the waters of any rivers, lakes, streams,

ponds and such other waters in Malaysia other than maritime waters,

whether natural or man-made, privately owned or otherwise;

―sedentary species‖ means organisms which, at the harvestable

stage, either are immobile on or under the seabed or are unable to

move except in constant physical contact with the seabed or the

subsoil;

―State Authority‖ means the authority in any State in Malaysia

responsible for inland fisheries;


―territorial sea of Malaysia‖ means the territorial waters of

Malaysia determined in accordance with the Emergency (Essential

Powers) Ordinance No. 7 1969 [P.U. (A) 307A/1969];

―this Act‖ includes regulations and other subsidiary legislation

made under this Act and anything else done under this Act or under

such regulations or other subsidiary legislation, and any reference to a

provision of this Act shall be construed accordingly;

―traditional fishing appliance‖ means any fishing appliance

enumerated hereunder operated with the use of a non-motorized

fishing vessel or a motorized fishing vessel of not more than forty

gross registered tonnage:

(a) trap;

(b) hook-and-line;

(c) drift net or gill net;

(d) seine net;

(e) hand liftnet;

(f) bagnet or stow net; and

(g) barrier net.

PART II

ADMINISTRATION

Responsibility of Minister

3. (1) The Minister shall be responsible for all matters relating to

fisheries, including the conservation, management and development

of maritime and estuarine fishing and fisheries, in Malaysian fisheries

water, to turtles and inland fisheries in the Federal Territories of

(f)

Fisheries 17

Kuala Lumpur and Labuan and to turtles in waters outside the

jurisdiction of any State in Malaysia.

(2) The Yang di-Pertuan Agong may appoint a Director General

of Fisheries and the Minister may appoint such Deputy Directors

General of Fisheries as may be necessary, for implementing the

provisions of this Act except, subject to subsection (1), the provisions

relating to turtles and inland fisheries in the States of Malaysia.

(3) The Director General shall be responsible for the general

supervision of all matters relating to fisheries under this Act except,

subject to subsection (1), matters relating to turtles and inland

fisheries in the States of Malaysia.

(4) The Director General may, in writing, delegate the exercise of

any or all of the powers and functions conferred upon him by this Act

to such fisheries officers or deputy fisheries officers as he may think

fit.

Fisheries officers and deputy fisheries officers

4. The Minister may appoint such fisheries officers and deputy

fisheries officers as may be necessary for implementing the

provisions of this Act except, subject to subsection 3(1), the

provisions relating to turtles and inland fisheries in the States of

Malaysia.

Inland fisheries officers and deputy inland fisheries officers

5. Subject to subsection 3(1), the State Authority may appoint such

inland fisheries officers and deputy inland fisheries officers as may

be necessary for implementing the provisions of this Act insofar as

they relate to turtles and inland fisheries in the States of Malaysia.


PART III

FISHERIES PLANS

Preparation of fisheries plans

6. (1) The Director General shall prepare and keep under continual

review fisheries plans based on the best scientific information

available and designed to ensure optimum utilization of fishery

resources, consistent with sound conservation and management

principles and with the avoidance of overfishing, and in accordance

with the overall national policies, development plans and

programmes.

(2) Each plan and each modification or revision thereof shall be

implemented after approval by the Minister.

(3) All development within the fisheries industry shall conform

generally with the management and conservation policies described

in the fisheries plans.

PART IV

GENERAL LICENSING PROVISIONS

Application of this Part

7. The provisions of this Part shall apply in respect of every licence

issued under this Act but shall not, except as hereinafter provided,

apply in respect of any permit issued under Part V.

Offence for fishing without licence or in contravention of

condition or direction

8. Any person who undertakes any fishing activity, operates, or

allows to be operated, in Malaysian fisheries waters any local fishing

vessel for the purpose of fishing—

Fisheries 19

(a) without a valid licence issued under this Part;

(b) in contravention of any condition in the licence issued in

respect of such vessel; or

(c) in contravention of any direction in writing issued by the

Director General under this Act,

shall be guilty of an offence.

Application for licence or permit in respect of new fishing vessel

9. (1) An application for a licence under this Part or for a permit

under Part V in respect of any new fishing vessel shall be made to the

Director General before construction of the vessel is commenced, and

shall be accompanied by such plans, specifications or other

information as the Director General may require or as may be

prescribed in regulations made under this Act.

(2) The applicant may proceed with the construction of the new

fishing vessel upon receiving written approval so to do from the

Director General subject to such conditions, including conditions in

respect of the horsepower, size and tonnage of the vessel, or disposal

of any existing fishing vessel, as may be specified in the approval.

(3) The Director General may refuse to issue a licence in respect

of any new fishing vessel which was not constructed with approval,

and in accordance with the conditions specified, under subsection (2).

(4) Where under a fisheries plan it is provided that no licence

under this Part or permit under Part V shall be issued in respect of a

new fishing vessel for a specific type of fisheries unless such new

fishing vessel is in replacement of a fishing vessel already issued

with such licence or permit for such type of fisheries, the Director

General shall not issue a licence or permit in respect of the new

fishing vessel until the existing fishing vessel is disposed of in

accordance with his directions.


Conditions in licence and directions

10. (1) The Director General shall in issuing a licence under this

Part impose such conditions as he thinks fit which shall include

conditions relating to the following matters:

(a) the permanent marking of the fishing vessel with such

letters and numbers or other means of identification as

may be assigned to it by the Director General in such

manner as may be prescribed in regulations made under

this Act;

(b) the nationality and number of persons to be employed or

carried on the fishing vessel; and

(c) in addition to complying with the requirement of any

other written law that may be applicable, the requirement

that a person who is not a Malaysian citizen shall not

engage in any fishing activity related to the fishing vessel

without the written approval of the Director General.

(2) Where he is satisfied that it is necessary or expedient for the

proper management of fisheries so to do, the Director General may

from time to time vary the conditions of a licence issued under this

Part but due notice of such intended variation shall be given to the

licensee who shall, if he so desires, have the right to be heard within

such period as the Director General may allow.

(3) A certificate by the Director General stating that any

condition in a licence was imposed or any variation thereof was made

for the proper management of fisheries shall be conclusive proof

thereof in any legal proceedings.

(4) (a) The Director General may from time to time by notice in

the Gazette issue directions in relation to the proper management of

fisheries to be complied with by every person to whom they are

applicable.

(b) Such directions shall also be displayed in such public places

and for such period of time as the Director General may determine.

Fisheries 21

Licence in respect of local fishing vessel, fishing stakes, fishing

appliance, fish-aggregation device or marine culture system

11. (1) The Director General may, upon application and upon

payment of the prescribed fee and payment of any prescribed deposit,

issue a licence in respect of any local fishing vessel, fishing stakes,

fishing appliance, fish-aggregation device or marine culture system,

subject to such conditions as he thinks fit to impose or which may be

prescribed in regulations made under this Act.

(2) No licence shall be issued in respect of any fishing stakes,

fishing appliance, fish-aggregation device or marine culture system

which causes or is likely to cause any obstruction to navigation or

any impediment to the natural flow of water in Malaysian fisheries

waters.

(3) Any person who, in Malaysian fisheries waters—

(a) operates, or allows to be operated, any fishing stakes,

fishing appliance, fish-aggregation device or marine

culture system without a licence in respect thereof;

(b) has under his control or in his possession any fishing

appliance without a licence in respect thereof;

(c) sets up, or causes to be set up, any fishing stakes, fishing

appliance or fish-aggregation device without written

permission from the Director General prior to the issue of

a licence in respect thereof; or

(d) constructs or establishes any marine culture system

without written permission from the Director General

prior to the issue of a licence in respect thereof,


(4) For the purpose of subsection (3), any part of a fishing

appliance shall be construed as a complete fishing appliance unless

proven otherwise.


Non-commencement of fishing operations

12. (1) The Director General may cancel any licence or permit

issued under this Act if after three months from the date of its issue

fishing operations to which the licence or permit relates have not

commenced, and the licensee or permit holder shall surrender his

licence or permit immediately after being notified of such

cancellation.

(2) Before the Director General makes a decision to cancel such

licence or permit, the licensee or permit holder concerned shall be

given the opportunity to show cause why his licence or permit should

not be cancelled.

Refusal to license or suspension or cancellation of licence

13. (1) The Director General may refuse to issue or renew any

licence under this Act or may cancel, or suspend for such period as he

thinks fit, any licence issued under this Act where he is satisfied that

it is necessary so to do for the proper management of any particular

fishery in accordance with the fisheries plan applicable to that fishery

and with any directions issued by the Director General in the

implementation of that plan.

(2) The Director General shall refuse to issue a licence in respect

of any local fishing vessel in any of the following cases:

(a) where the vessel is required to be registered under the law

relating to merchant shipping but has not been so

registered;

(b) where the vessel is required to have a valid certificate of

inspection issued in respect of it under the law relating to

merchant shipping but does not have such certificate;

(c) where the vessel is not seaworthy and not fit for the

purpose of fishing or does not comply with such

requirements as may be applicable to it in respect of

navigation, manning standards or safety at sea under this

Fisheries 23

Act or any other law or under any convention to which

Malaysia is a party.

(3) The Director General may refuse to issue or to renew any

licence under this Act or may cancel, or suspend for such period as he

thinks fit, any licence issued under this Act where there has been a

breach of any of the provisions of this Act or any of the conditions of

the licence.

(4) Any person aggrieved by the refusal of the Director General

to issue or renew any licence under this Act or by the suspension or

cancellation of any licence issued under this Act may appeal to the

Minister in the prescribed manner against such refusal, suspension or

cancellation within a period of thirty days after the date of such

refusal, suspension or cancellation.

(5) The Minister may, after hearing the appeal, make such order

thereon as he deems fit and that order shall be final.

(6) Any order made under subsection (5) shall take into account

any scheme for the limitation of fishing effort for which provision is

made in any fisheries plan referred to in Part III.

Period of validity of licence and non-transferability

14. (1) Any licence issued under this Act shall, unless suspended or

cancelled or unless otherwise specified in such licence, be valid for a

period of not more than twelve calendar months from the date of

issuance of such licence.

(1A) Subsection (1) shall not apply to any licence issued before the

date of coming into force of that subsection, and any licence in force

on such date shall continue to be in force for the remaining period of

its validity.

(2) (a) Any person who modifies or changes, or permits to be

modified or changed, the horsepower, size or tonnage of a licensed

fishing vessel or the fishing appliance which it is licensed to operate


without the written permission of the Director General shall be guilty

of an offence.

(b) The Director General shall refuse permission for a licensed

fishing vessel or fishing appliance to be modified or changed unless

he is satisfied that it is necessary so to do for the proper management

of any particular fishery.

(3) (a) Any licence issued under this Act in respect of a fishing

vessel, fishing stakes, a fishing appliance, fish-aggregation device or

marine culture system shall be valid for that or those particular

fishing vessel, fishing stakes, fishing appliance, fish-aggregation

device or marine culture system and shall not be used for any other

fishing vessel, fishing stakes, fishing appliance, fish-aggregation

device or marine culture system, and such licence shall at all times be

visibly displayed on or visibly attached to the fishing vessel, fishing

stakes, fishing appliance, fish-aggregation device or marine culture

system.

(b) Where any fishing vessel uses the letters, numbers or other

means of identification of another fishing vessel, the owner, master

and every member of the crew of the fishing vessel using such letters,

numbers or other means of identification shall each be guilty of an

offence.

(4) (a) Subject to paragraph (aa), any licence or permit in respect

of a fishing vessel, fishing stakes, a fishing appliance,

fish-aggregation device or marine culture system shall be issued

under this Act in the name of the applicant for such licence or permit

and shall not be transferable.

(aa) Notwithstanding paragraph (a), the Director General may,

upon an application, allow the transfer of any licence or permit

referred to under that paragraph where he is satisfied that the

applicant is a person who would otherwise qualify to hold such

licence or permit under this Act.

(b) Any person who uses any licence or permit issued in the name

of any other person under this Act shall be guilty of an offence.

Fisheries 25

(5) Where a fishing vessel which has been licensed as a local

fishing vessel ceases to be a local fishing vessel, its licence shall

lapse forthwith and shall be deemed to be cancelled.

Presumption in respect of person found on board any local

fishing vessel

14A. For the purpose of this Part, where any person not being a

Malaysian citizen is found on board any local fishing vessel in

Malaysian fisheries waters, such person shall be presumed, unless the

contrary is proven, to be a crew member of such fishing vessel.

PART V

FOREIGN FISHING VESSELS

Fishing, etc., by foreign fishing vessel in Malaysian fisheries

waters

15. (1) Subject to subsection (2), no foreign fishing vessel shall do

any of the following in Malaysian fisheries waters:

(a) fish or attempt to fish; or

(b) subject to subsection (1A) conduct any techno-economic

research or survey of any fishery,

unless authorized so to do under an international fishery agreement in

force between the Government of Malaysia and the government of

the country, or between the Government of Malaysia and the

international organization, to which such vessel belongs or in which

such vessel is registered, as the case may be, and under a permit

issued under section 19.

(1A) Notwithstanding paragraph (1)(b), a foreign fishing vessel

may conduct any techno-economic research or survey of any fishery

in the Malaysian fisheries waters subject to the general directions of

the Director General and the following conditions, that is:


(a) there is in respect of the conduct of such research or

survey an agreement between a Malaysian citizen and

such person to whom such foreign fishing vessel belongs;

(b) the conduct of such research or survey shall be under the

general directive of the Director General; and

(c) any data and findings of such research or survey shall be

made available to the Director General in such manner

and at such frequency as he may prescribe.

(2) No foreign fishing vessel shall load or unload any fish, fuel or

supplies or tranship any fish in Malaysian fisheries waters without the

written approval of the Director General.

Passage of foreign fishing vessel through Malaysian fisheries

waters

16. (1) Subject to subsections (2) and (3) a foreign fishing vessel

may enter Malaysian fisheries waters, for the purpose of passage

through such waters in the course of a voyage to a destination outside

such waters.

(2) Such passage, which shall be exercised in accordance with

rules of international law of the sea relating to the relevant maritime

regime applicable to such Malaysian fisheries waters, includes

stopping and anchoring only—

(a) if the vessel is in distress;

(b) for the purpose of obtaining emergency medical assistance

for a member of its crew; or

(c) to render assistance to persons, ships or aircraft in danger

or distress.

(3) The master of a foreign fishing vessel entering Malaysian

fisheries waters for the purpose mentioned in subsection (1) shall

notify by radio, telex or facsimile in the English or Malay Language

Fisheries 27

an authorized officer of the name, the flag State, location, route and

destination of the vessel, the types and amount of fish it is carrying

and of the circumstances under which it is entering Malaysian

fisheries waters.

(4) Every foreign fishing vessel entering Malaysian fisheries

waters for the purpose mentioned in subsection (1) shall—

(a) without prejudice to the requirement to observe any other

law of Malaysia which may be applicable, observe such

regulations as may be made under section 61, including

regulations regarding the stowage of fishing

appliances; and

(b) return to a position outside such waters as soon as the

purpose for which it entered such waters has been

fulfilled.

Undertaking to be included in international fishery agreement

17. Every international fishery agreement referred to in section 15

shall include an undertaking by the government of the country, or by

the international organization, which is a party to the agreement with

the Government of Malaysia to comply or ensure compliance by its

fishing vessels with the provisions of this Act.

Director General to take account of certain matters in

considering application for permit

18. (1) The Director General shall in considering an application for

a permit under section 19 in respect of a foreign fishing vessel take

into account the following matters:

(a) the needs of Malaysian fishermen and the provisions of

the fisheries plans referred to in Part III;

(b) the extent of co-operation given and contributions made

by the relevant country or relevant international


organization towards fishery research, identification of

fish stocks, the conservation, management and

development of fishery resources within Malaysian

fisheries waters, and compliance with the laws of

Malaysia relating to such resources by the country or

international organization;

(c) the assistance given by the applicant, relevant country or

international organization in the development of the

fishing industry of Malaysia, in the training of Malaysian

personnel and the transfer of technology to the fishing

industry of Malaysia;

(d) the terms of any relevant international fishery agreement

in force; and

(e) the reciprocity of treatment given to local fishing vessels

by the relevant country or relevant international

organization.

(2) In this section, ―relevant country‖ means the country or

territory in which the foreign fishing vessel is registered or to which

it belongs, and ―relevant international organization‖ means the

international organization to which the foreign fishing vessel belongs.

Permit in respect of foreign fishing vessel

19. (1) (a) Any application to the Director General for a permit to

be issued in respect of a foreign fishing vessel to fish in Malaysian

fisheries waters shall be made through a Malaysian agent who shall

undertake legal and financial responsibility for the activities to be

carried out by such vessel.

(b) Notwithstanding paragraph (1)(a), the Director General may

require the payment of such sum of money as he may specify by way

of security for the activities to be carried out by such vessel.

(2) Subject to section 21, any permit issued under this section

shall be valid for a maximum period of one year and shall be subject

Fisheries 29

to such conditions, and the payment of such sum of money, as the

Director General may specify, in addition to the payment of such sum

of money as may be required under paragraph (1)(b) and such fees as

may be prescribed in regulations made under this Act.

(3) Without prejudice to paragraph (1)(a), any sum of money paid

as security under paragraph (1)(b) may be utilized to pay or defray

any fine or claim which may be imposed or arise as a result of or

through the activities of the foreign fishing vessel and the balance of

such sum of money, if any, shall be refunded on the expiry or

cancellation of the permit.

(4) The conditions which may be imposed by the Director

General under subsection (2) may include, and in the case of

paragraph (t) shall include, but shall not be limited to, conditions

concerning all or any of the following matters:

(a) the areas within which fishing is authorized;

(b) the period during which fishing is authorized;

(c) the species, age, length, weight and quantity of fish that

may be retained on board the foreign fishing vessel,

landed in Malaysia or transhipped;

(d) the methods by which fish may be taken;

(e) the types, sizes and numbers of fishing appliances that

may be used or carried by a foreign fishing vessel and the

mode of storage of the appliances when not in use;

(f) the transfer, transhipment, landing and processing of fish

taken;

(g) entry by the foreign fishing vessel into Malaysian ports,

whether for the inspection of its catch or for any other

purpose;

(h) statistical and other information required to be given by

the foreign fishing vessel to the Government of Malaysia,

(f)

(g)

(h)


including statistics relating to its catch and fishing effort

and regular reports as to the position of the vessel;

(i) the conduct by the foreign fishing vessel of a specified

programme of fisheries research in Malaysian fisheries

waters and the regulation of such research, including the

compiling of data as to catches, the disposition of samples

and the reporting of associated scientific data;

(j) the training of Malaysians in the methods of fishing

employed by the foreign fishing vessel and in other

related fields, the employment of Malaysians on the

foreign fishing vessel and the transfer to Malaysia of

appropriate technology relating to fisheries;

(k) the keeping and displaying on board the permit issued in

respect of the foreign fishing vessel;

(l) the permanent marking of the foreign fishing vessel with

such letters, numbers or other means of identification as

may be specified by the Director General;

(m) compliance by the foreign fishing vessel with directions,

instructions and other requirements given or made by

ships, other vessels or air craft belonging to the

Government of Malaysia;

(n) the placing of observers on the foreign fishing vessel and

the reimbursement to the Government of Malaysia by the

permit holder of the costs of doing so;

(o) the installation on the foreign fishing vessel and

maintenance in working order of a transponder or other

equipment for the identification and ascertainment of the

location of the vessel and of adequate navigational

equipment to enable the position of the vessel to be fixed;

(p) construction of shore-based facilities related to fisheries;

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

Fisheries 31

(q) the carriage on board the foreign fishing vessel of such

communication equipment, nautical charts, nautical

publications and nautical instruments as may be specified;

(r) adequate protection of local and traditional fisheries and

the compensation payable to Malaysian citizens, the

Government of Malaysia or the Government of a State in

Malaysia for any loss or damage caused by the foreign

fishing vessel to fishing vessels, fishing appliances or

catch belonging to Malaysian citizens or any such

Government or to fish stocks;

(s) the landing of all or any part of their catch by foreign

fishing vessels in Malaysia;

(t) the composition and nationality of members of the crew of

a foreign fishing vessel and the requirement for

compliance with paragraph 10(1)(c);

(u) inspection of the foreign fishing vessel as to class and

seaworthiness and manning requirements;

(v) fees, royalties, charges or any other payments by the

foreign fishing vessel;

(w) the maintenance of a log and sales records of fish taken by

the foreign fishing vessel; and

(x) such other matters as the Director General may consider

necessary or expedient for the implementation of this Part.

(5) Where there is a breach of any condition of the permit issued

in respect of a foreign fishing vessel—

(a) its owner and master shall each be guilty of an offence and

liable to a fine not exceeding one hundred thousand

ringgit each; and

(q)

(r)

(s)

(t)

(u)

(v)

(w)

(x)


(b) every member of the crew of that vessel shall also be

guilty of an offence and liable to a fine not exceeding five

thousand ringgit each.

(6) No permit issued under this section shall relieve the owner,

master or member of the crew of any foreign fishing vessel from any

obligation or requirement to comply with any law that may be

applicable.

Bringing into or having in Malaysian fisheries waters fish taken

or received from foreign fishing vessel

20. Any person who brings into or has in his possession, custody or

control in Malaysian fisheries waters fish taken or received from a

foreign fishing vessel shall, unless he is authorized in writing so to do

by the Director General, be guilty of an offence.

Cancellation or suspension of permit

21. (1) The Director General may cancel or suspend any permit—

(a) where there has been any contravention of any provision

of this Act or any condition in the permit; or

(b) where he is satisfied that such action is necessary or

expedient for the proper management of fisheries.

(2) Where any permit has been cancelled or suspended under

paragraph (1)(b), the proportion of any fees paid for the permit

representing the unexpired period of the permit shall be reimbursed to

the permit holder but there shall be no such reimbursement

whatsoever where the permit has been otherwise cancelled or

suspended.

Fisheries 33

Variation of conditions in permit

22. Where he is satisfied that it is necessary or expedient for the

proper management of fisheries so to do, the Director General may

from time to time vary the conditions of a permit issued under this

Part but due notice of such intended variation shall be given to the

permit holder who shall, if he so desires, have the right to be heard

within such period as the Director General may allow.

Director General’s decision not reviewable

23. The decision of the Director General under section 21 or 22 shall

not be reviewable or called into question in any court on the ground

that such decision was not necessary or expedient for the proper

management of fisheries.

Liability of persons in respect of foreign fishing vessel

24. (1) Where there has been a contravention of any provision of

this Part or subsidiary legislation made for the purposes of this Part,

the owner, master and every member of the crew of the foreign

fishing vessel concerned shall each be guilty of an offence.

(2) In this Part and in such subsidiary legislation, ―member of the

crew‖ does not include any personnel or observer who is a citizen of

Malaysia and who is on the foreign fishing vessel pursuant to a

condition of the permit issued in respect of such vessel.

(3) For the purpose of any offence under this Part the onus of

proving that a fishing vessel is not a foreign fishing vessel shall lie

with the person charged with the offence in relation to which the

issue arises.


PART VI

OFFENCES

Offences under Act

25. Any person who contravenes or fails to comply with any

provision of this Act shall be guilty of an offence and where no

special penalty is provided in relation thereto, such person shall be

liable—

(a) where the vessel concerned is a foreign fishing vessel or

the person concerned is a foreign national, to a fine not

exceeding one million ringgit each in the case of the

owner or master, and one hundred thousand ringgit in the

case of every member of the crew;

(b) in all other cases, to a fine not exceeding *twenty thousand

ringgit or a term of imprisonment not exceeding two years

or both.

Fishing with explosives, poisons, etc.

26. (1) Any person who—

(a) uses or attempts to use any explosive, poison or pollutant,

or any apparatus utilizing an electric current, or any

prohibited gear, for the purpose of killing, stunning,

disabling or catching fish, or in any other way rendering

such fish more easily caught;

(b) carries or has in his possession or under his control any

explosive, poison or pollutant, or any apparatus utilizing

an electric current, or any prohibited gear, with the

intention of using such explosive, poison or pollutant, or

apparatus, or prohibited gear, for any of the purposes

referred to in paragraph (a); or

*NOTE—Previously ―fifty thousand ringgit‖–see the Fisheries (Amendment) Act 1993 [Act A854].

Fisheries 35

(c) knowing or having reasonable cause to believe that any

fish is a prohibited species or has been taken in

contravention of the provisions of this Act, receives or is

found in possession of such fish,


(2) Any explosive, poison, pollutant, apparatus or gear referred to

in subsection (1) found in the possession or under the control of any

person shall be presumed to be intended to be used for any of the

purposes referred to in paragraph (1)(a) unless the contrary is proved.

Aquatic mammals or turtles in Malaysian fisheries waters

27. (1) No person shall fish for, disturb, harass, catch or take any

aquatic mammal or turtle which is found beyond the jurisdiction of

any State in Malaysia.

(2) The provisions of the relevant State law shall apply in respect

of aquatic mammals and turtles which are found within such

jurisdiction.

(3) Where any aquatic mammal or turtle which is found beyond

such jurisdiction is caught or taken unavoidably during fishing, such

aquatic mammal or turtle shall, if it is alive, be released immediately

or, if it is dead, the catching or taking thereof shall be reported to a

fisheries officer and the aquatic mammal or turtle shall be disposed of

in accordance with his directions.

(4) Any person who contravenes subsection (1) or subsection (3)

shall be guilty of an offence and shall be liable to a fine not

exceeding five thousand ringgit.

Wilful damage to fishing vessel, etc.

28. Any person who wilfully damages or destroys any fishing vessel,

fishing stakes, fishing appliance, fish-aggregation device or marine

culture system shall be guilty of an offence.


Destroying incriminating evidence

29. Any person who destroys or abandons any fish, aquatic mammal,

turtle, fishing appliance, explosives, poison, pollutant, apparatus,

prohibited gear or any other thing, with intent to avoid its seizure or

the detection of any offence under this Act shall be guilty of an

offence.

Master and employer liable

30. (1) Where an offence under this Act has been committed by any

person on board a fishing vessel, the master and owner of such vessel

shall each also be deemed to be guilty of that offence.

(2) Where an offence under this Act has been committed by a

company, partnership, firm or business, every director and every

officer of that company directly connected with the activity resulting

in the commission of the offence, every member of that partnership

and every person concerned with the management of that firm or

business shall each be guilty of that offence.

Compounding of offences

31. (1) Subject to the following subsections, any fisheries officer

may compound any offence under this Act for a sum not below five

hundred ringgit and not exceeding the maximum fine for that offence,

provided that it is a first, second or third offence only:

Provided further that for any offence under subsection 43(1) the

compound shall not be less than one hundred ringgit.

(2) Any offence committed in contravention of paragraph 8(a),

subsections 11(3), 15(1) or section 16 read with section 25 or 26 is

not compoundable.

(3) Notwithstanding subsections (1) and (2), any fisheries officer

may compound any offence under subsection 11(3) where the fishing

appliance in relation to which such offence is committed is a

Fisheries 37

traditional fishing appliance, for a sum not below five hundred ringgit

and not exceeding the maximum fine for that offence.

(4) Where a fishing appliance is the subject matter of any offence

compounded under subsection (1), such fishing appliance may be

confiscated and disposed of as directed by the Director General.

(5) Where any offence committed under this Act has been

compounded in accordance with this section, the Director General

shall direct that any article of a perishable nature which is the subject

matter of any offence be sold and the proceeds of the sale forfeited.

Sessions Court and Court of Magistrate of First Class to have full

jurisdiction and powers under Act

32. (1) Notwithstanding any written law to the contrary, any

offence committed under this Act shall be deemed to have been

committed in Malaysia for the purpose of conferring jurisdiction on a

court to try that offence, and a Sessions Court or a Court of a

Magistrate of the First Class shall each have full jurisdiction and

powers for all purposes under this Act.

(2) Subsection (1) shall not be construed as derogating in any

way from the jurisdiction and powers of the High Court to try any

offence under any written law.

(3) Any proceedings under this Act shall be brought before the

Sessions Court or the Court of a Magistrate of the First Class which

is nearest the place where the offence under this Act was committed

or which is located in the most convenient place for trial in the

circumstances of the case, as determined by the Public Prosecutor.

(4) This section shall be without prejudice to the Criminal

Procedure Code [Act 593] relating to the transfer of cases.


Power of court to order cancellation of licence or permit

33. (1) Where any person is charged with and found guilty of an

offence under this Act the court shall, in addition to any other penalty

that may be imposed, order that any licence or permit issued under

this Act in relation to which the offence has been committed be

cancelled.

(2) Where any person to whom a licence or permit has been

issued under this Act is charged with and found guilty of a second or

subsequent offence under this Act, the court shall, in addition to any

other penalty that may be imposed, direct that such person be

disqualified from holding a licence or permit under this Act for a

period not exceeding five years, and such person shall be guilty of an

offence if he obtains or attempts to obtain any licence or permit under

this Act while he is so disqualified.

Court may order forfeiture of seized vessel, etc., in certain

circumstances

34. Where it is proved to the satisfaction of a court that any vessel,

vehicle, article or thing seized under this Act was the subject matter

of, or was used in the commission of, an offence under this Act, the

court may order the forfeiture of such vessel, vehicle, article or thing

notwithstanding that no person may have been found guilty of such

offence.

Presumption as to maps, plans or charts made by authority of

Governments

35. (1) For the purposes of this Act, the court shall presume that

maps, plans or charts purporting to be made by the authority of—

(a) the Federal Government;

(b) the Government of any State in Malaysia; or

Fisheries 39

(c) the Government of a ―State‖ as defined in section 2 of the

Exclusive Economic Zone Act 1984 and approved by the

Federal Government or the Government of any State in

Malaysia for use,

were so made and are accurate.

(2) For the purpose of paragraph (1)(c), a certificate issued by the

Minister responsible for survey and mapping or the Minister

responsible for defence stating that a map, plan or chart has been

approved by the Federal Government or the Government of any State,

as the case may be, shall, in any legal proceeding, be conclusive

proof of the fact so stated.

Minister may appoint other persons to be authorized officers

36. Without prejudice to the definition of ―authorized officer‖ in

section 2, the Minister may, by order in the Gazette, appoint such

other person or class of persons as he may consider necessary to be

an authorized officer or authorized officers for the purposes of this

Act.

PART VII

TURTLES AND INLAND FISHERIES

Promotion of development and management of inland fisheries

37. The Director General may, in consultation with the State

Authority concerned, promote the development and rational

management of inland fisheries through—

(a) the conduct or co-ordination of research;

(b) the provision and maintenance of experimental and

demonstration aquaculture stations, fish-breeding stations

and training centres;


(c) the provision of advice and technical assistance to the

appropriate authorities of the State;

(d) the provision of publicity and demonstration facilities and

other connected services; and

(e) the provision of advice on measures for the prevention of

fish diseases.

Power of State Authority and Minister to make rules concerning

turtles and inland fisheries

38. (1) The State Authority or, in respect of the Federal Territories

of Kuala Lumpur and Labuan, the Minister may make rules

specifically or generally for the proper conservation, development,

management and regulation of turtles and inland fisheries in any State

in Malaysia or in the Federal Territories of Kuala Lumpur and

Labuan, as the case may be, and may, in particular, make rules for all

or any of the following purposes:

(a) to promote and regulate aquaculture in riverine waters

and, in particular, provide for the leasing and licensing of

lakes, swamps, mining pools and other pools and land and

other areas for the cultivation of fish, prescribe standards

for the construction and operation of aquaculture

establishments (including the size and depth of ponds),

measures for the prevention of fish diseases and controls

over particular species of fish which may be produced by

cultivation;

(b) to provide for the licensing, regulation and management of

any particular inland fishery and for the management of

turtles;

(c) to provide for the licensing of fishing vessels and fishing

appliances operating or in use in riverine waters;

(d) to regulate or prohibit any method of fishing in riverine

waters or the use or possession of certain types of traps or

Fisheries 41

nets, and to prescribe minimum mesh sizes for fishing

nets;

(e) to regulate or prohibit the erection, maintenance, marking

and operation of fishing stakes in riverine waters;

(f) to prescribe the minimum weights and sizes of fish which

may be caught in riverine waters for the purpose of sale,

processing, consumption or sport, or to prohibit fishing for

any prescribed species of fish;

(g) to prescribe closed seasons for fishing in any designated

area, fishing for certain species of fish or fishing using

certain methods of fishing in riverine waters;

(h) to designate prohibited areas for fishing for all or certain

species of fish or fishing using certain methods of fishing

in riverine waters;

(i) to designate persons by name or office to be licensing

officers under this Part and to prescribe the powers to be

exercised by such officers and by fisheries officers or

inland fisheries officers, as the case may be, with respect

to turtles and inland fisheries;

(j) to prescribe condition and procedures for application for

any permit, licence, certificate or other document required

under rules made under this Part relating to turtles and

inland fisheries the form thereof and the amount of fees

and deposits payable therefor;

(k) for the purpose of the conservation of fish in riverine

waters, to regulate and control the construction of any

slides, dams or other obstruction, or the removal of sand

or gravel or other alteration to the natural environment or

habitat of fish;

(l) to prescribe penalties for offences; and

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)


(m) to designate, prescribe, promote, provide or regulate any

other matter for the proper conservation, development,

management and regulation of turtles and inland fisheries.

(2) In this section, ―turtles‖ includes the eggs of turtles.

PART VIII

AQUACULTURE

Development of aquaculture

39. The Director General may, and in consultation with the State

Authority concerned where it relates to inland fisheries in the States

of Malaysia, promote the development of aquaculture in Malaysia.

Control of live fish

40. (1) Any person who—

(a) imports into or exports out of Malaysia;

(b) transports from Peninsular Malaysia into the Federal

Territory of Labuan or the State of Sabah or Sarawak;

(c) transports from the Federal Territory of Labuan or the

State of Sabah or Sarawak into Peninsular Malaysia;

(d) transports from the Federal Territory of Labuan into the

State of Sabah or Sarawak;

(e) transports from the State of Sabah into the Federal

Territory of Labuan or the State of Sarawak; or

(f) transports from the State of Sarawak into the Federal

Territory of Labuan or the State of Sabah,

(m)

(f)

Fisheries 43

live fish without a permit or in breach of any condition in a permit

issued by the Director General under this section shall be guilty of an

offence.

(2) The Director General may impose such conditions as he

thinks fit in the permit, including conditions concerning the state of

cleanliness of the fish to be exported, imported or transported and

measures to avoid the spread of communicable fish diseases, or to

avoid or control the release into the natural environment of non-

indigenous species of fish.

(3) Notwithstanding subsections (1) and (2), the permit to import

or to export any live fish shall be issued by the Director General of

Quarantine and Inspection in accordance with the Malaysian

Quarantine and Inspection Services Act 2011 [Act 728].

(4) Any person who imports or exports any live fish without a

permit issued by the Director General of Quarantine and Inspection

commits an offence under the Malaysian Quarantine and Inspection

Services Act 2011.

(5) An application for a permit to import and export any live fish

shall be made in accordance with the Malaysian Quarantine and

Inspection Services Act 2011.

(6) The enforcement in relation to live fish at the entry points,

quarantine stations and quarantine premises shall be carried out by an

enforcement officer appointed under the Malaysian Quarantine and

Inspection Services Act 2011 in accordance with the powers under

that Act.

(7) For the purposes of this section, ―entry point‖, ―quarantine

station‖ and ―quarantine premises‖ shall have the same meanings as

assigned to these expressions in the Malaysian Quarantine and

Inspection Services Act 2011.


PART IX

MARINE PARKS AND MARINE RESERVES

Establishment of marine park or marine reserve

41. (1) The Minister may be order in the Gazette establish any area

or part of an area in Malaysian fisheries waters as a marine park or

marine reserve in order to—

(a) afford special protection to the aquatic flora and fauna of

such area or part thereof and to protect, preserve and

manage the natural breeding grounds and habitat of

aquatic life, with particular regard to species of rare or

endangered flora and fauna;

(b) allow for the natural regeneration of aquatic life in such

area or part thereof where such life has been depleted;

(c) promote scientific study and research in respect of such

area or part thereof;

(d) preserve and enhance the pristine state and productivity of

such area or part thereof; and

(e) regulate recreational and other activities in such area or

part thereof to avoid irreversible damage to its

environment.

(2) The limits of any area or part of an area established as a

marine park or marine reserve under subsection (1) may be altered by

the Minister by order in the Gazette and such order may also provide

for the area or part of the area to cease to be a marine park or marine

reserve.

Fisheries 45

Establishment of the National Advisory Council for Marine Park

and Marine Reserve and membership

41A. (1) The Minister may establish the National Advisory Council

for Marine Park and Marine Reserve.

(2) The National Advisory Council for Marine Park and Marine

Reserve shall consist of the following members to be appointed by

the Minister:

(a) the Secretary General of the Ministry of Agriculture;

(b) a representative of the State Government concerned;

(c) a representative of the Ministry charged with the

responsibility for finance;

(d) a representative of the Ministry charged with the

responsibility for science, technology and environment;

(e) a representative of the Fisheries Department;

(f) a representative of the Department of Wildlife and

National Park;

(g) a representative of the Implementation and Coordination

Unit of the Prime Minister’s Department;

(h) a representative of the Malaysia Tourism Promotion

Board;

(i) a representative of the Malaysian Society of Marine

Sciences;

(j) a representative of the World Wide Fund for Nature

Malaysia;

(k) a representative of the Malaysian Nature Society; and

(l) any other member to be appointed from time to time.

(f)

(g)

(h)

(i)

(j)

(k)

(l)


Functions of the National Advisory Council for Marine Park and

Marine Reserve

41B. The National Advisory Council for Marine Park and Marine

Reserve shall advise the Minister on any matter relating to a marine

park or marine reserve area in particular—

(a) to determine the guideline for the implementation at the

national level with respect to protection, conservation,

utilization, control, management and progress of the

marine park and marine reserve areas;

(b) to coordinate the development of any area of a marine

park or marine reserve with the Federal Government and

any body corporate; and

(c) to give technical advice to the State Government with

respect to any development project on any island which is

situated in a marine park or marine reserve area.

Powers and responsibility of Director General

42. The Director General shall have the powers of general

supervision and direction and the responsibility of co-ordination in

respect of all matters relating to marine parks and marine reserves in

Malaysian fisheries waters.

Offence to do certain acts without written permission of Director

General

43. (1) Any person who in any marine park or marine reserve in

Malaysian fisheries waters without the permission of the Director

General in writing—

(a) fishes or attempts to fish;

(b) takes, removes or is in possession of any aquatic animal or

aquatic plant or part thereof, whether dead or alive;

Fisheries 47

(c) collects or is in possession of any coral, dredges or

extracts any sand or gravel, discharges or deposits any

pollutant, alters or destroys the natural breeding grounds

or habitat of aquatic life, or destroys any aquatic life;

(d) constructs or erects any building or other structure on or

over any land or waters within a marine park or marine

reserve;

(e) anchors any vessel by dropping any kind of weight on, or

by attaching any kind of rope or chain to, any coral, rock

or other submerged object; or

(f) destroys, defaces or removes any object, whether animate

or inanimate, in a marine park or marine reserve,


(2) Permission to do any of the things referred to in subsection

(1) may be granted by the Director General in writing where it is

necessary for the proper management of the marine park or marine

reserve or pursuant to any of the purposes referred to in section 41.

Absolute prohibition of certain weapons

44. (1) No person shall carry, use or possess within a marine park

or marine reserve in Malaysian fisheries waters—

(a) any spring-gun, spear gun, spearfishing equipment,

harpoon or suction gun; or

(b) any other kind of weapon potentially harmful to any

aquatic plant life, aquatic animal life or to the coral reef

structure.

(2) The use of any weapon referred to in subsection (1) from

beyond the limits of the marine park or marine reserve and aimed at

or directed into the marine park or marine reserve is also prohibited.

(f)


Power to make regulations

45. (1) The Minister may make regulations specifically or generally

for the zoning, management, development, control and protection of

marine parks and marine reserves in Malaysian fisheries waters and

for the purposes of this Part.

(2) The Minister may make different regulations under subsection

(1) in respect of different marine parks and marine reserves and such

regulations may provide for the division of the parks and reserves

into zones and may set out the conditions under which each zone

shall be established and maintained.

PART X

ENFORCEMENT

Powers of authorized officer

46. For the purpose of ensuring compliance with the provisions of

this Act, any authorized officer may where he has reason to believe

that an offence has been committed under this Act, without a

warrant—

(a) stop, board and search any vessel within Malaysian

fisheries waters and make any enquiry, examination and

inspection concerning the voyage and seaworthiness of

that vessel, its crew, equipment or fishing appliance, or

fish carried on board that vessel;

(b) stop, board and search, and inspect any vessel or vehicle

transporting fish, whether within Malaysian fisheries

waters or on land;

(c) require to be produced and examine any fishing appliance

whether within Malaysian fisheries waters or on land;

(d) examine any fishing stakes, fish-aggregation device or

marine culture system within Malaysian fisheries waters;

Fisheries 49

(e) inspect any licence, permit, record, certificate or any other

document required under this Act or under any generally

accepted international rules and standards, and make

copies of the same.

Powers of entry, seizure and arrest, etc.

47. (1) Any authorized officer may, where he has reason to believe

that an offence has been committed under this Act, without a

warrant—

(a) enter and search any place in which he has reason to

believe that an offence under this Act is about to be or has

been committed;

(b) take samples of any fish found in any vessel or vehicle

inspected under section 46 or any place searched under

paragraph (a);

(c) arrest any person who he has reason to believe has

committed an offence under this Act;

(d) seize any vessel, including its equipment, gear, furniture,

appurtenances, stores and cargo, or any vehicle which he

has reason to believe has been used in the commission of

any offence or in relation to which any offence has been

committed under this Act;

(e) seize any fish which he has reason to believe has been

caught in the commission of an offence under this Act;

(f) seize any explosive, poison, pollutant, apparatus or

prohibited gear which he has reason to believe has been

used, or was in the possession of someone, in

contravention of section 26; or

(g) seize any unlicensed fishing stakes, fishing appliance,

fish-aggregation device or marine culture system.

(f)

(g)


(2) In effecting any seizure under subsection (1), an authorized

officer may use such force as may be reasonably necessary.

(3) A written acknowledgment shall be given in respect of

anything seized under subsection (1).

Fisheries officer’s power of investigation

47A. (1) Any fisheries officer shall have the power to investigate the

commission of any offence under this Act.

(2) Every person required by a fisheries officer to give

information or produce any document or other article relating to the

commission of such offence which is in the person’s power to give

shall be legally bound to give the information or to produce the

document or other article.

Fisheries officer’s power to require attendance of witnesses

47B. (1) A fisheries officer making an investigation for any offence

under this Act may by order in writing require the attendance before

himself of any person who appears to the officer to be acquainted

with the circumstances of the case, and such person shall attend as so

required.

(2) If any such person refuses to attend as so required, such

officer may report such refusal to a Magistrate who may thereupon in

his discretion issue a warrant to secure the attendance of such person

as required by such order aforesaid.

(3) A person attending as required under subsection (1) shall be

entitled to be paid reasonable travelling and subsistence expenses

incurred by him and it shall be lawful for the Director General to pay

such expenses.

Fisheries 51

Examination of witnesses by fisheries officer

47C. (1) A fisheries officer making an investigation under this Act,

may examine orally any person supposed to be acquainted with the

facts and circumstances of the case.

(2) Such person shall be bound to answer all questions relating to

such case put to him by such officer:

Provided that such person may refuse to answer any question which

would have a tendency to expose him to a criminal charge or penalty

or forfeiture.

(3) A person making a statement under this section shall be

legally bound to state the truth, whether or not such statement is

made wholly or partly in answer to questions.

(4) A fisheries officer examining a person under subsection (1)

shall first inform that person of the provisions of subsections (2)

and (3).

(5) A statement made by any person under this section shall

whenever possible be reduced into writing and signed by the person

making it or affixed with his thumb print, as the case may be, after it

has been read to him in the language in which he made it and after he

has been given an opportunity to make any corrections he may wish.

Procedure where investigation cannot be completed within

twenty-four hours by a fisheries officer

47D. (1) Whenever any person is arrested and detained in custody

by a fisheries officer for an offence under this Act, and it appears that

the investigation cannot be completed within the period of twenty-

four hours from the time the person is arrested, any fisheries officer

may produce such person before a Magistrate for the purpose of

subsection (2).

(2) The Magistrate before whom such person is produced under

subsection (1) may, whether he has or has no jurisdiction to try the


case, from time to time authorize the detention of such person in such

custody as such Magistrate thinks fit for a term not exceeding fifteen

days on the whole.

Sale of fish or other article of a perishable nature

48. (1) Any fish or other article of a perishable nature seized under

this Act may, on the direction of the Director General, be sold and the

proceeds of the sale shall be held and dealt with in accordance with

the provisions of this Act.

(2) The Government of Malaysia shall not be liable to any person

for any deterioration, howsoever caused, in the quality of any fish or

other article seized under this Act.

Seizure and forfeiture of vessel, etc.

49. (1) Where any vessel, vehicle, article or thing is seized under

this Act and there is no prosecution in respect thereof, such vessel,

vehicle, article or thing shall be held for a period of one calendar

month from the date of seizure at the end of which period it shall be

deemed to be forfeited, unless a written claim thereto is received

within the aforesaid period.

(2) Where any written claim is received under subsection (1), it

shall be referred by the Director General to the Sessions Court or to a

Court of a Magistrate of the First Class for its decision as to the

disposal of the vessel, vehicle, article or thing, which may, subject to

section 50, be held pending the conclusion of such proceedings.

(3) The Court concerned shall issue a summons requiring the

claimant and the person, if any, from whom the vessel, vehicle,

article or thing was seized to appear before the Court and upon the

appearance of such claimant or person, or upon his failure so to do

after reasonable notice, the Court shall proceed to examine the matter

and make an order upon the facts proved.

Fisheries 53

Temporary return of vessel, etc., seized

50. (1) Where any vessel, vehicle, article or thing is seized under

this Act, the Director General may temporarily return the vessel,

vehicle, article or thing to the owner thereof or to the person from

whose possession, custody or control it was seized, subject to such

terms and conditions (including the suspension of a licence or permit

issued under this Act) as the Director General may impose and

subject, in any case, to sufficient security being furnished to the

satisfaction of the Director General that the vessel, vehicle, article or

thing shall be surrendered to him on demand and that the said terms

and conditions, if any, shall be complied with.

(2) Notwithstanding subsection (1), the security to be furnished

thereunder shall not be less than the aggregate value of the vessel

(including its equipment, furniture, appurtenances, stores, cargo and

fishing appliance), vehicle, article or thing.

(3) Any person who—

(a) fails to surrender on demand to the Director General the

vessel, vehicle, article or thing temporarily returned to

him under subsection (1); or

(b) fails to comply with or contravenes any of the terms or

conditions imposed under subsection (1),


Costs of holding vessel, etc., in custody

51. Where any vessel, vehicle, article or thing is held in the custody

of the Government of Malaysia pending completion of any

proceedings in respect of an offence under this Act, the costs of

holding the vessel, vehicle, article or thing in custody shall, in the

event of any person being found guilty of the offence, be a debt due

to the Government of Malaysia jointly and severally by the licensee,

the permit holder, the owner, and the master of the vessel, and shall

be recoverable accordingly.


Forfeiture and disposal of vessel, etc.

52. (1) Where any person is found guilty of any offence—

(a) under paragraph 8(a), subsections 11(3), 15(1) or section

26; and

(b) for the contravention of any condition of licence relating

to permitted fishing areas under the licence,

the court shall, in addition to any other penalty that may be

imposed—

(i) order that the vessel (including its equipment,

furniture, appurtenances, stores, cargo and fishing

appliance), vehicle, article or thing used in the

commission of such offence or in relation to which

such offence has been committed be forfeited; and

(ii) order that any fish caught in the commission of

such offence or the proceeds of the sale of any fish

or other article of a perishable nature referred to in

section 48, and any explosive, poison, pollutant,

apparatus or prohibited gear used or intended to be

used in the commission of such offence be

forfeited.

(2) Any vessel (including its equipment, furniture, appurtenances

stores, cargo and fishing appliance), vehicle, article, thing, explosive,

poison, pollutant, apparatus, prohibited gear or fish ordered to be

forfeited under subsection (1) or deemed or ordered to be forfeited

under section 49 shall be disposed of in such manner as the Director

General may think fit and consistent with any scheme for the

limitation of fishing effort.

Obstruction of authorized officer

53. Any person who resists or wilfully obstructs any authorized

officer or fails to comply with any requirement made by any

(ii)

Fisheries 55

authorized officer in the exercise of his powers and duties under this

Act shall be guilty of an offence and liable to a fine not exceeding *twenty thousand ringgit.

Authorized officer to declare office

54. Any authorized officer when discharging his functions or duties

or exercising his powers under this Act shall, on demand, produce to

any person against whom he is taking action, such identification or

written authority to show that he is an authorized officer for the

purposes of this Act.

Bar to actions

55. (1) No action shall be brought against any authorized officer in

respect of anything done or omitted to be done by him in good faith

in the execution or purported execution of his functions, powers and

duties under this Act.

(2) No action shall lie against the Government of Malaysia or any

authorized officer for any damage caused to any vessel (including its

equipment, furniture, appurtenances, stores, cargo and fishing

appliance), vehicle, article or thing seized under this Act unless there

is prima facie evidence of gross negligence.

Presumption

56. (1) Subject to subsection (2), where—

(a) any fish; or

(b) fishing appliance or other equipment for fishing,

*NOTE—Previously ―fifty thousand ringgit‖–see the Fisheries (Amendment) Act 1993 [Act A854].


is found on board a foreign fishing vessel in Malaysian fisheries

waters, such fish, fishing appliance or equipment, as the case may be,

shall be presumed, unless the contrary is proved—

(i) to have been caught in Malaysian fisheries

waters; or

(ii) to have been used for fishing in Malaysian

fisheries waters,

respectively without a permit issued under this Act.

(2) A radio call made by a foreign fishing vessel to an authorized

officer before entering Malaysian fisheries waters—

(a) notifying that the vessel is exercising its passage through

Malaysian fisheries waters; and

(b) notifying its proposed route and the quantity of fish on

board,

and showing proof, where such vessel is stopped, boarded and

searched under section 46, that—

(i) the fish on board is held in a sealed hold;

(ii) the fishing appliance or other equipment for

catching fish are properly stowed and secured on

the vessel so that they are not easily available for

fishing; and

the vessel is travelling through Malaysian fisheries

waters from a point outside such waters to another

point outside such waters by the shortest

practicable route,

shall be sufficient to constitute a defence to a prosecution for an

offence under this Act.

(i)

(ii)

(i)

(ii)

(iii)

Fisheries 57

PART XI

GENERAL PROVISIONS

Service of documents

57. (1) Where any document is to be served under this Act on any

person, that document may be served—

(a) in any case by delivering a copy thereof personally to the

person to be served;

(b) if the document is to be served on the master of a vessel or

on a person employed on a vessel, by leaving the same for

him on board that vessel with the person who is, or

appears to be, in command or charge of the vessel;

(c) by affixing a copy of the document to any conspicuous

part of his house or of the vessel or vehicle; or

(d) by registered letter addressed to his last place of abode.

(2) A document which is to be served on the master of a vessel

registered in Malaysia or licensed or permitted to fish under this Act

may, if the master cannot be found, be served on the owner or the

manager of the vessel or, if there is no manager, on some agent of the

owner residing in Malaysia or, where no such agent is known or can

be found, by affixing a copy thereof to the mast of the vessel.

Exemption for certain purposes

58. The Director General may, by order in writing, for the purpose

of research or training or survey on economic feasibility of any

fishing activity, or the proper conservation and management of

fisheries, exempt, subject to such conditions as he may impose, any

vessel or person from all or any of the provisions of this Act.


Registers of licences and permits

59. Registers showing particulars of the licences and permits issued

under this Act shall be maintained and kept at such place or places as

the Director General shall specify.

Exemptions

60. Nothing in this Act shall apply to the areas defined in the

Schedules to the River Rights Enactment [Cap. 207], or to the area

known as Karang Ayer Leleh and defined in the Schedule to the

Karang Ayer Leleh Enactment [Cap. 220], or shall affect the

exclusive rights of a Ruler to fish within and over the said areas.

Power of Minister to make regulations

61. The Minister may make regulations specifically or generally for

the proper conservation, development and management of maritime

and estuarine fishing and fisheries in Malaysian fisheries waters and

in respect of related industries, for the proper conservation,

development, management and regulation of turtles beyond the

jurisdiction of any State in Malaysia, and for the implementation of

the provisions of this Act, including but not restricted to regulations

for all or any of the following purposes:

(a) to prescribe the rules and procedures in respect of foreign

capital investment and joint venture proposals in fisheries,

including the procedures for effective transfer of

technology and training of Malaysian personnel;

(b) to prescribe the number, nationality and composition of

persons permitted to be employed or carried on fishing

vessels;

(c) to prescribe manning standards for fishing vessels and to

establish boards of examiners to examine candidates in

their proficiency in such standards for certification, in

Fisheries 59

consultation with the Director General of the Marine

Department;

(d) to establish the conditions to be observed by local and

foreign fishing vessels within Malaysian fisheries waters,

including conditions relating to the stowage of their

fishing appliance when not in use, and to regulate the

conduct of their fishing operations generally;

(e) to provide for the licensing, regulation and management of

any particular fishery;

(f) to establish closed seasons in respect of specified fishery

areas or in respect of specified species of fish, or specified

methods of fishing;

(g) to prescribe limitations on the quantity, size and weight of

fish caught and retained or traded;

(h) to prescribe minimum mesh sizes of nets;

(i) to specify prohibited fishing areas for all fish or certain

species of fish or methods of fishing;

(j) without prejudice to section 45, to regulate activities in

marine parks and marine reserves established under

Part IX;

(k) to proscribe methods of fishing or fishing appliances;

(l) to proscribe any species of fish;

(m) to provide for the licensing of fishing vessels, fishing

stakes, fishing appliances, fish-aggregation devices and

marine culture systems;

(n) to regulate or prohibit the erection, maintenance, working,

repair and lighting of fishing stakes, fish-aggregation

devices and marine culture systems;

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)


(o) to regulate the landing of fish, to provide for the

management and control of fishing ports and fish-landing

areas, and to appoint such agencies as may be required to

effect such management and control;

(p) to prescribe standards for fish feeds;

(q) to prohibit or control the importation and exportation of

live fish, including freshwater fish, and in particular, to

prohibit or control the importation into, or the sale,

cultivation or keeping of live fish or any particular species

of live fish which is not indigenous to any part of

Malaysia or to Malaysian fisheries waters;

(r) to promote and regulate aquaculture in maritime waters;

(s) to prescribe the conditions and procedures of application

for any authorizations, permits, licences, certificates or

other documents required under this Act, their form and

the amount of fees, deposits and securities payable

therefor;

(t) to provide for and improve the collection of statistics and

to require any person engaged in fishing, marketing,

processing or aquaculture to supply such information as

may be required;

(u) to organize and regulate fishing as a sport;

(v) to provide for the powers of authorized officers, fisheries

officers and deputy fisheries officers;

(w) to prescribe penalties for offences;

(x) to provide for the conservation and management of turtles

beyond the jurisdiction of any State in Malaysia;

(y) to prescribe for matters relating to the control and seizure

of local and foreign fishing vessels;

(o)

(p)

(q)

(r)

(s)

(t)

(u)

(v)

(w)

(x)

(y)

Fisheries 61

(z) to provide for such other measures as are necessary or

expedient to ensure that foreign fishing vessels are used

for fishing within the exclusive economic zone or for

fishing for sedentary species on the continental shelf only

in accordance with the conditions of their permits;

(aa) to require applicants for authorizations, licences or

permits to execute bonds, make deposits or give other

forms of security for the fulfilment of any obligation

under their authorizations, licences or permits;

(bb) to provide for compensation payable to Malaysian

citizens, the Government of Malaysia or the Government

of a State in Malaysia in the event of any loss or damage

caused by foreign fishing vessels to local fishing vessels,

their fishing appliances or catches, or to cables, pipelines

or other property belonging to Malaysian citizens, the

Government of Malaysia or the Government of a State in

Malaysia;

(cc) to promote, regulate and carry out scientific research;

(dd) to prescribe areas of Malaysian fisheries waters in which

fishing shall be reserved to local fishing vessels and

Malaysian fishermen;

(ee) to prescribe areas in Malaysian fisheries waters through

which unlicensed foreign fishing vessels may pass to

facilitate enforcement of the provisions of this Act and in

such manner as not to deny or impair the passage of such

vessels in accordance with rules of international law of the

sea relating to the relevant maritime regime applicable to

such fisheries waters;

(ff) to prescribe regulations for the control of endangered

species of fish;

(gg) to prescribe regulations for the control of movement of

fish within Malaysia;

(ab)

(ac)

(ad)

(ae)

(af)

(ag)


(hh) to prescribe standards for the quality control of fish or fish

products and methods to effect such standards and control;

(ii) to prescribe measures for the control of fish diseases;

(jj) to provide for the registration of and issue of appropriate

identification documents to any person, carried or

employed on board any licensed fishing vessel and to

prescribe the fees payable therefor;

(kk) to regulate the registration of local fishing vessels and the

issue of appropriate documentation in respect thereof ;

(ll) to prescribe or regulate any other matter required to be

prescribed or regulated under this Act.

Repeal

62. The Fisheries Act 1963 [Act 210] is repealed.

________________________________

(ah)

(ai)

(aj)

(ak)

(al)

63

LAWS OF MALAYSIA

Act 317

FISHERIES ACT 1985

LIST OF AMENDMENTS

Amending law Short title In force from

Act A854 Fisheries (Amendment) Act 1993 01-12-1974

Act A1413 Fisheries (Amendment) Act 2012 01-07-2012

_________________

64

LAWS OF MALAYSIA

Act 317

FISHERIES ACT 1985

LIST OF AMENDMENTS

Section Amending authority In force from

2 Act A854 01-09-1993

8 Act A854 01-09-1993

11 Act A854 01-09-1993

13 Act A854 01-09-1993

14 Act A854 01-09-1993

14A Act A854 01-09-1993

15 Act A854 01-09-1993

16 Act A854 01-09-1993

24 Act A854 01-09-1993

25 Act A854 01-09-1993

31 Act A854 01-09-1993

35 Act A854 01-09-1993

40 Act A854 01-09-1993

Act A1413 01-07-2012

41A Act A854 01-09-1993

41B Act A854 01-09-1993

47 Act A854 01-09-1993

Fisheries 65 Section Amending authority In force from

47A Act A854 01-09-1993

47B Act A854 01-09-1993

47C Act A854 01-09-1993

47D Act A854 01-09-1993

50 Act A854 01-09-1993

52 Act A854 01-09-1993

53 Act A854 01-09-1993

56 Act A854 01-09-1993

58 Act A854 01-09-1993

61 Act A854 01-09-1993

______________

Documents

LAWS OF MALAYSIAextwprlegs1.fao.org/docs/pdf/mal1869.pdf · ART V FOREIGN FISHING VESSELS 15. Fishing, etc., by foreign fishing vessel in Malaysian fisheries waters 16. Passage of